Florida LGBT Divorce

The path to marriage equality was long and hard-won for the LGBT community in the state of Florida. But with legal recognition of same-sex marriage comes the inevitable reality: some of those marriages will end in divorce. While the florida lgbt divorce process is legally equivalent to heterosexual divorce in most respects, unique challenges still arise, especially regarding custody, alimony, and the recognition of long-term relationships that predate legal marriage.

Recognized Same-Sex Marriage in Florida

Same-sex marriage was officially recognized in Florida in January 2015, following a federal court ruling and the U.S. Supreme Court’s landmark decision in Obergefell v. Hodges. This gave same-sex couples the same rights and responsibilities as heterosexual couples, including the right to legally divorce.

However, many couples were in committed relationships long before their unions were legally recognized. This history complicates issues like marital property, alimony, and the length of the marriage, which courts use to guide decisions.

Florida Divorce Law: Key Requirements for Same-Sex Couples

Under Florida divorce law, same-sex and heterosexual couples follow the same basic steps to dissolve a marriage.

Residency Requirement

At least one spouse must have lived in Florida for six months before filing for divorce. The petition is typically filed in the county where either party resides.

Grounds for Divorce

Florida is a no-fault divorce state. The only requirement is to state that the marriage is "irretrievably broken" or that one spouse is mentally incapacitated for over three years.

Challenges in Florida LGBT Divorce

Alimony and property division in Florida depend heavily on the length of the marriage. But what happens if your relationship spanned 15 years, yet you were only legally married for the last 5?

Although courts primarily consider the legal marriage date, some judges may take the full relationship into account—especially in cases involving spousal support or joint financial decisions made before marriage became legal. Unfortunately, this remains a gray area in Florida case law.

Spousal Support (Alimony) for LGBT Couples

Florida law defines short-term, moderate-term, and long-term marriages to determine the eligibility and amount of alimony:

For LGBT couples, proving financial dependency and contribution to the marriage, especially when one partner sacrificed a career to support the other, can influence alimony even if the marriage duration is legally short.

Division of Marital Property

Florida follows equitable distribution. All assets and debts acquired during the marriage are presumed to be marital property and are divided fairly, but not necessarily equally.

Challenges for same-sex couples:

• Property acquired before the legal marriage may not be included in marital assets.
• Assets bought jointly before 2015 may be legally considered separate.
• Couples who cohabitated and pooled resources before marrying may face inequity in court without a formal cohabitation agreement or prenuptial.

Child Custody and Parental Rights in LGBT Divorce

Child custody is often the most emotionally and legally complex issue in LGBT divorces, especially when only one spouse is the biological or adoptive parent.

Florida courts prioritize the best interests of the child, considering:

• Each parent’s relationship with the child
• Parental responsibilities
• Stability and ability to provide a safe home

Legal Parent vs. Psychological Parent

In some cases, the non-biological parent may have no legal standing unless:

• They adopted the child through second-parent adoption
• They are listed on the birth certificate and were legally married at the time of birth

Without legal parent status, custody and visitation rights may be denied. If you are in this situation, consult a family law attorney who specializes in LGBT custody cases.

Child Support in Same-Sex Divorces

Child support is calculated using the same guidelines applied to all parents in Florida, focusing on:

• Combined income
• Number of children
• Time-sharing arrangement

If both parents are legally recognized, both are responsible for child support. If only one parent has legal rights, the non-legal parent may not be obligated, but they also lose access and decision-making power.

Adoption and Assisted Reproduction

Same-sex couples may build families through adoption, surrogacy, or sperm donation. Florida courts generally do not recognize parental rights for sperm donors, and intent documents or contracts are critical in protecting both parents’ rights.

To avoid future legal disputes:

• Complete second-parent adoptions
• Formalize intent in legal documents before childbirth
• Keep records of joint parenting involvement

Prenuptial and Cohabitation Agreements for LGBT Couples

A well-drafted prenuptial agreement (before marriage) or cohabitation agreement (before legal marriage recognition) can clarify property and financial expectations. These are especially important for couples who lived together before 2015.

If you didn’t have one in place, work with a divorce attorney to document:

• Financial contributions made before legal marriage
• Assets purchased jointly
• Parenting responsibilities

Alternative Dispute Resolution in LGBT Divorces

To reduce conflict and preserve privacy, many LGBT couples choose:

• Mediation: A neutral third party helps reach mutual agreements
• Collaborative divorce: Both sides work with attorneys to resolve disputes without court

These methods allow more customized outcomes than traditional litigation—especially important for non-traditional families.

Although same-sex marriage is legally recognized across the United States, divorce for LGBT couples in Florida still presents unique issues, from the recognition of long-term relationships to child custody, alimony, and marital property.